Copy of Petition - Needed

O

opensource

Registered Users (C)
I am currently working for company A. Recently got my H1-B extended through the current company.

In the mean time, company B has agreed to sponsor my H1-B. I have sent all the documents to them. They have come back and asking me for "copy of petition" of my previous H1-B.

Why do they need copy of petition of my current employer?

Please advice.

Thanks.
 
do they mean approval notice ?

typically petition is I-129 and LCA (8453?) and it is not required for future H1s but the current H1 approval notice is needed so that the company can ask for a H1-H1 transfer.
 
Originally posted by opensource
I am currently working for company A. Recently got my H1-B extended through the current company.

In the mean time, company B has agreed to sponsor my H1-B. I have sent all the documents to them. They have come back and asking me for "copy of petition" of my previous H1-B.

Why do they need copy of petition of my current employer?

Please advice.

Thanks.
Click to expand...

Not required!! Paystubs and copy of your current I-797 (H-1B approval notice is required to file the transfer)
 
I hope your new company does not want to file your H1 transfer through a lawyer because he will charge preparing the I-129 package/petition. If they can get your old H1b I-129 petition that was submitted to INS they can change the company name and HR of the company can prepare the new I-29 at looking at your past H1b I-129, regarding LCA to be attached they know how to get it from DOL it is fax back system. They may be trying to save the lawyer fees.
You only need to submit Pay stubs and copy of last H1b approval, if asked educational evaluation or past exp letters if needed
 
That was my thinking, that the company did not know how to prepare an H-1 filing and did not want to use an attorney (or worse still, the company attorney has no clue what to do) and wants the previous filing as a template.

There are several potential problems if this is the case, particularly if the company gets an RFE. All petitions are different and using a filing from another company as a template can help but it will not substitute for independant thought.
 
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